The South Carolina state legislature will vote on a bill in January to exempt state employees and resources from being used to enforce the Affordable Care Act.
The bill now heads to the Senate after passing the House in South Carolina, with South Carolina being the first state to enforce such legislation against the President’s troubled health care law.
The law cites a Supreme Court ruling Printz v. United States that says the Federal Government is not authorized to force states to utilize state treasuries or personnel to enforce federal laws.
The Obama Administration may sue South Carolina and the whole thing may end up at the Supreme Court, further adding complications to the rollout of the Affordable Care Act.
From The Daily Caller
From the Daily Caller
The bill’s main component prohibits agencies, officers and employees of the state of South Carolina from implementing any provisions of the Affordable Care Act, leaving implementation of the national health-care law entirely in the hands of a federal government that lacks the resources or personnel to carry out the programs it mandates.
This provision, according to Davis, comes from the anti-commandeering doctrine established in case law that says feds can’t compel states to enforce federal laws.
“What the Supreme Court said in Printz v. United States is that states are not merely political subdivisions of the federal government to carry out what the federal government does; they are sovereign entities,” Davis said. “Congress can pass laws, but it cannot compel the states to utilize either their treasury or personnel to implement those federal laws.”
Additional provisions of H3101 further neuter the Affordable Care Act by outlawing state exchanges, issuing tax deductions to individuals equal to the tax penalties levied by the federal government, and directing the state attorney general to sue over whimsical enforcement of the law. Taken together, the provisions effectively repeal the federal law for the people of South Carolina.
Read more: http://dailycaller.com/2013/12/09/south-carolina-voting-on-bill-to-end-obamacare-in-state/#ixzz2n697toWM